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The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 became law on 28 February 2019 and will come into force on EU Exit Day.
The following regulations make technical amendments to employment law so that it continues to operate effectively on the day the UK leaves the EU.
Following its consultation on reforming the employment tribunal system, the Government intends to make the following changes to the Employment Tribunals Act 1996.
The draft Trade Union (Financial Penalties) Regulations allow trade union Certification Officers to fine unions for non-compliance with statutory requirements.
These regulations come under the Investigatory Powers Act 2016. Similar provisions are currently contained in the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, which these new regulations will replace.
The Gender Representation on Public Boards (Scotland) Act 2018 sets a “gender representation objective” for public authorities in Scotland when they make appointments to non-executive board positions.
The Government is to introduce legislation to ensure that tips left for workers go to them in full.
The Government is to extend from one week to four weeks the period that breaks continuity of employment when assessing eligibility for statutory employment rights.
The Government is to introduce a new right for all workers to request a more predictable and stable contract.
The Government has issued draft legislation requiring ministers to make a statement of compatibility where a post-Brexit Bill affects employment rights or workplace health and safety standards.
The Government is to extend redundancy protection for six months from the date of a mother’s return to work. The reform will also cover those taking adoption and shared parental leave, helping to ensure new parents are protected from discrimination in the workplace.
A reform to the off-payroll working (IR35) rules that has been introduced in the public sector is to be extended to medium-sized and large companies in the private sector.
These regulations amend the Agency Workers Regulations 2010 so that agency workers will no longer be able to opt out of their equal pay entitlements.
These regulations require employers to provide all workers with a written statement of employment particulars on the day employment begins (currently the statement has to be provided within eight weeks).
This Act introduces a new 13.8% Class 1A Employer National Insurance Contributions (NICs) charge to any part of a termination award or payment from a sporting testimonial that is already liable to Income Tax.
The percentage of employees required for a valid request to set up information and consultation of employees (ICE) arrangements is to be reduced from 10% to 2%.
The Parental Bereavement (Leave and Pay) Act 2018 entitles parents who lose a child under the age of 18 to two weeks' paid leave.
This Bill will create a committee to provide rules of court for online proceedings in employment tribunals and the Employment Appeal Tribunal as well as in civil and family Courts.
This Act, promoted by MPs Hilary Benn and Alistair Burt, is intended to avoid (or at least delay) the UK’s departure from the EU in the absence of a ratified withdrawal agreement.
These draft regulations introduce a cap of £95,000 on public sector exit payments associated with loss of employment.
Some occupational pension schemes pay a reduced rate pension to take account of the State Pension a member receives when they reach State Pension age.
An EU Decision has been published regarding an extension of the period before the UK leaves the Union.
This Act is somewhat unusual in that, rather than being put forward by the Government, it was proposed by MPs. It requires the Prime Minister to present her plan to request a delay to the Article 50 process, under which the UK is set to leave the European Union, in the form of an amendable motion and prevents her from suggesting any date before 22 May 2019.
The Government has announced increases in the weekly rates for statutory maternity pay and other types of statutory pay from April 2019.
The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018 requires employers to provide additional information about the number of hours that are being paid for within the itemised pay statement (payslip) of employees for whom pay varies according to the number of hours worked.
The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018 extends the right to receive an itemised pay statement (payslip), which previously only applied to employees, to all workers.
A clause in the Finance Act 2019 removes the requirement for employers to check receipts when using the HM Revenue & Customs (HMRC) benchmark scale rates to pay or reimburse their employees’ qualifying subsistence expenses.
The increases to tribunal award limits from 6 April 2019 are set out in the Employment Rights (Increase of Limits) Order 2019.
On 6 April 2019 the minimum contribution employers are required to make to auto-enrolment pensions increases from 2% to 3%.
The Employment Rights (Miscellaneous Amendments) Regulations 2019 increases the maximum financial penalty
These regulations introduce three changes. The first change increases the maximum financial penalty available for aggravated breach of a worker’s employment rights from £5000 to £20,000, this came into force on 6 April 2019.
The Government has accepted the Low Pay Commission’s recommended increases to the National Living Wage (NLW) and National Minimum Wage (NMW) rates.
These regulations introduce two new types of flexible working (known collectively as “flexible service”) for those serving in the regular Armed Forces (the Royal Navy, the Royal Marines, the Army and the Royal Air Force).
These Regulations confirm that “exit day”, as used in previous legislation, now refers to either 12 April or 22 May 2019.
The draft Companies (Miscellaneous Reporting) Regulations 2018 introduce new reporting requirements in order to build confidence in the way that large private and quoted companies are run.
This consultation considers how the Government can best support parents to balance work and family life. It is divided into three chapters that deal with: parental leave and pay, the introduction of statutory Neonatal Leave and Pay, and ways to make employers’ family-related leave and pay policies more visible.
The Migration Advisory Committee (MAC) is calling for evidence regarding salary thresholds for skilled migrants and how an “Australian-style” points-based system might work in the UK.
This consultation seeks views on proposals by the Low Pay Commission to address the issue of one-sided flexibility.
This consultation puts forward proposals to support disabled people and those with long-term health conditions to stay in work.
This consultation considers the case for a new single labour market enforcement body.
This consultation is in two parts: an online questionnaire which is aimed at members of the public, particularly those who have suffered sexual harassment at work, and a technical consultation on changes to the law which is aimed at organisations.
This is a consultation on proposed changes to the Modern Slavery Act 2015.
The Government has legislated for a cap of £95,000 on public sector exit payments associated with loss of employment.
Call for evidence from the Home Office has been designed to help Government understand the scale of violence and abuse toward shop staff.
The Low Pay Commission was seeking evidence to inform its recommendations to the Government about the National Living Wage (NLW) and National Minimum Wage (NMW) rates that should apply from April 2020.
In last autumn’s Budget, the Government announced that, from April 2020, the reform to the off-payroll working (IR35) rules that has been introduced in the public sector will be extended to medium and large companies in the private sector. It consulted on the operation of the new rules.
The purpose of the consultation is to improve understanding of how confidentiality clauses work in practice and to assess what changes are needed to ensure individuals are appropriately protected from their misuse.
The Government is proposing to extend the scope of the current protection against redundancy provided for those on maternity leave by the Maternity and Parental Leave, etc Regulations (1999).
This consultation contained proposals to strengthen the pensions protections that apply when an employee of a Local Government Pension Scheme (LGPS) employer is compulsorily transferred to the employment of a service provider.
This consultation sought views on a range of questions relating to the creation of pensions dashboards.
The Law Commission was consulting on reforming employment law hearing structures.
The Government was consulting on a mandatory approach to ethnicity pay reporting by employers.
This consultation concerned the National Minimum Wage rules regarding salaried workers and the operation of salary sacrifice schemes.
The Government has updated its Code of Practice that sets out the prescribed checks that employers should conduct to avoid a civil penalty in the event of illegal working.
This Order amends the Employment Rights Act 1996 (ERA) to grant unpaid time off work to four groups of volunteers in the criminal justice system who monitor conditions of those in custody.
The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2018 adds Audit Scotland to the list of prescribed persons and bodies to report malpractice to other than an employer.
The European Union (Withdrawal) Act repeals the European Communities Act 1972 (under which EU laws have effect in the UK) on the day the UK leaves the EU.
The EU Trade Secrets Directive was adopted by the European Parliament and Council on 8 June 2016. Member States have two years from this date to implement the directive, ie by 9 June 2018.
The General Data Protection Regulation (GDPR) will come into force on 25 May 2018.
The Data Protection Act 2018 aims to modernise data protection laws in the UK to make them fit for purpose for an increasingly digital economy and society.
The General Data Protection Regulation (2016/679 EU) (GDPR) replaces the Data Protection Directive (95/46/EC).
The Employment Rights Act 1996 (NHS Recruitment — Protected Disclosure) Regulations 2018 prohibit an NHS employer from discriminating against an applicant because it appears that the applicant has made a protected disclosure.
Changes to the income tax and National Insurance treatment of payments in lieu of notice (PILONs) came into force on 6 April 2018.
The Scottish Parliament has set the following income tax rates and bands for 2018/19.
The increases to tribunal award limits from 6 April 2018 are set out in the Employment Rights (Increase of Limits) Order 2018.
On 6 April 2018 the minimum contribution employers are required to make to auto-enrolment pensions increases from 1% to 2%. A further increase to 3% will take place in April 2019.
From 6 April 2018, occupational pension schemes which offer money purchase benefits are required to provide an illustrative example of the cumulative effect of costs and charges incurred by a member.
The Government has accepted the Low Pay Commission’s recommended increases to the National Living Wage (NLW) and National Minimum Wage (NMW) rates.
The Government plans to increase the state pension age.
The Social Security Benefits Up-rating Order 2018 increases the weekly rates for statutory maternity pay and other types of pay from April 2018..
These draft regulations restrict the circumstances in which a relevant public sector employer can make deductions from its workers’ wages in respect of trade union subscriptions (commonly referred to as “check-off”).
The Government has published guidance on when UK equality legislation and the National Minimum Wage (NMW) apply to seafarers.
These draft regulations introduce a cap on early exit charges for members in occupational pension schemes who are aged 55 or over and therefore eligible to access “pension freedoms”.
The Criminal Finances Act 2017 became law on 27 April. The Act introduces anti-money laundering measures and, significantly for employers, makes businesses liable for criminal acts committed by employees who facilitate or assist tax evasion by other individuals, eg customers.
These regulations bring into force the duty in the Childcare Act 2016 to secure 30 hours free childcare for working parents.
On 26 July 2017, the Supreme Court declared that employment tribunal and Employment Appeal Tribunal fees are unlawful, under both domestic and EU law and has quashed the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013, on the basis that it prevents access to justice.
These regulations will apply to employers with more than 250 employees.
These regulations require sponsoring employers who employ skilled migrant workers to pay a new immigration skills charge.
These regulations, which came into force on 19 December 2016, amend the Income Tax (Pay As You Earn) Regulations 2003.
In response to reviews by the Migration Advisory Committee, the Home Office will introduce the following changes to the rules for skilled migrants coming to work in the UK.
The draft provisions of the Finance Bill 2017 include changes that reform the off-payroll rules (often known as IR35) in the public sector.
The Finance Act 2017 introduces changes that mean that benefits provided under “optional remuneration arrangements” no longer have the income tax and NICs advantages previously available under salary sacrifice arrangements.
The Income Tax (Pay As You Earn) (Amendment) Regulations 2017 introduce an apprenticeship levy on large employers.
The Government has announced that statutory sick pay will increase from £88.45 to £89.35.
The increases to tribunal award limits from 6 April 2017 are set out in the Employment Rights (Increase of Limits) Order 2017.
The Government has announced increases in the weekly rates for statutory maternity pay and other types of pay from 2 April 2017.
The Government is aligning the National Minimum Wage (NMW) and National Living Wage (NLW) so that both increase in April from 2017 onwards.
These regulations require certain prescribed persons to report annually on public interest disclosures (whistleblowing disclosures) that they receive from workers.
The Government has a target that the number of apprentices who start to work for a prescribed public body in England over the period 2017–2021 should be equal to 2.3% of its workforce.
These regulations are one of two statutory instruments that require employers to report on gender pay gaps in their organisations.
The Bank of England Prudential Regulation Authority and the Financial Conduct Authority have introduced new rules for employment references for senior bankers and certain other roles in the financial sector.
As part of the Trade Union Act 2016, the Government is introducing a new 40% important public services threshold. This means ballots for industrial action in key public services sectors will need the support of at least 40% of those entitled to vote. (This is in addition to the new 50% participation threshold, which will require a turnout of at least 50% in all trade union ballots for industrial action.)
These regulations bring into force the main provisions of the Trade Union Act 2016. The Act reforms the rules on trade union ballots for industrial action.
The Trade Union Act 2016 makes changes to the Trade Union and Labour Relations Consolidation Act 1992 requiring new members to opt in if they wish to subscribe to the union’s political fund.
These regulations bring s.41 of the Enterprise Act 2016 into force on 1 February.
These commencement regulations bring into force various provisions of the Immigration Act 2016 in relation to employment.
These regulations provide for references to the 1992 Act to mean the Trade Union and Labour Relations (Consolidation) Act 1992; and provide for a review into electronic balloting.
New National Minimum Wage rates will apply from 1 October 2016.
Pension auto-enrolment: dates for contribution increases change.
These regulations bring many sections of the Immigration Act 2016 into force on 12 July 2016. The following sections are most relevant to employment.
The Immigration Act 2016 includes provisions to establish a statutory Director of Labour Market Enforcement. The Director will produce an annual strategy and set priorities for enforcement bodies across the labour market and across the whole spectrum of non-compliance.
The Immigration Act includes measures relating to employment.
These regulations amend the Conduct of Employment Agencies and Employment Businesses Regulations 2003 to prohibit employment agencies from generic recruitment advertising in another European Economic Area (EEA) country without also advertising the vacancy in Great Britain and in English.
This Act deals with a range of Government measures intended to support the growth of enterprise in the UK.
This Act amends the Trade Union and Labour Relations (Consolidation Act) Act 1992.
These regulations replace the Occupational Pension Schemes (Schemes that were Contracted-out) Regulations 2015. The problem with the latter regulations, which were published on 16 July 2015, was that regulation 28 and part of regulation 32 were not made according to the correct Parliamentary procedure.
The Pensions Act 2014 abolishes contracting out for salary-related occupational pension schemes. It does so by repealing provisions of the Pensions Act 1993.
The Small Business, Enterprise and Employment Act 2015, section 150, introduces financial penalties for employers where they fail to pay sums due to the employment tribunal.
To support the growth of high quality apprenticeships for young people, the Government has abolished employer National Insurance Contributions (NICs) for apprentices under the age of 25 engaged in government approved apprenticeship frameworks.
The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2016 amend the Employment Tribunal Rules of Procedure.
The Finance Bill 2016 amends the rules in the Income Tax (Earnings and Pensions) Act 2003 (ITEPA) on deductions from earnings made for travel and subsistence expenses, where a worker is engaged through an employment intermediary.
The increases to tribunal award limits from 6 April 2016 are set out in the Employment Rights (Increase of Limits) Order 2016.
Rates for statutory maternity pay, statutory paternity pay, statutory shared parental pay and statutory adoption pay usually increase in April each year. This year the rates remain at the 2015/16 levels, that is £139.58 per week (or 90% of the person's average weekly earnings if that is less than £139.58).
A new single-tier state pension was introduced by the Pensions Act 2014. The new pension is payable to people reaching state pension age on or after 6 April 2016.
This Act creates a new single-tier state pension for people reaching pension age on or after 6 April 2016. A person entitled to the full state pension will receive a single weekly rate as set out in the regulations. This will replace the current state pension, which is made up of a basic and additional state pension.
From April 2016 workers aged 25 and over receive the National Living Wage — a new premium on top of the National Minimum Wage that takes their pay to £7.20 per hour.
These regulations increase the National Minimum Wage (NMW) rate for adult workers aged 25 or over and rename this rate “The National Living Wage”. NMW rates for workers under 25 remain unchanged.
These Regulations revoke and replace The European Communities (Recognition of Professional Qualifications) Regulations 2007.
Zero-hours contracts that prohibit workers from working under another contract or arrangement were banned on 26 May 2015. The ban was brought in by amendments to the Employment Rights Act 1996 via the Small Business, Enterprise and Employment Act 2015.
The Small Business, Enterprise and Employment Act 2015 bans exclusivity terms in zero hours contracts.
These regulations require commercial organisations with a total turnover of at least £36 million to publish a slavery and human trafficking statement under section 54 of the Modern Slavery Act 2015 (“the 2015 Act”). They also set out how the total turnover of a commercial organisation is to be calculated.
The repeal of employment tribunals’ wider recommendation powers came into force on 1 October 2015 under the Deregulation Act 2015 (Commencement No. 1 and Transitional and Saving Provisions) Order 2015.
New National Minimum Wage rates apply from 1 October 2015.
The Small Business, Enterprise and Employment Act 2015 (Commencement No. 1) Regulations 2015 bring into force various measures introduced in the Small Business, Enterprise and Employment Act 2015.
These regulations include a requirement for employers to pay for independent advice for their employees if they try to persuade them to move from a defined benefit to a defined contribution pension scheme. The requirement follows the trend, in recent years, for employers to encourage employees to move from defined benefit to defined contribution schemes in order to reduce the employer’s pension liabilities.
These regulations consolidate the National Minimum Wage Regulations 1999 (“the 1999 Regulations”), and subsequent amending regulations, to make the rules clearer and more workable for employers and employees. They do not introduce substantive changes to the rules.
The increases to tribunal award limits from 6 April 2015 are set out in the Employment Rights (Increase of Limits) Order 2015.
Relating to employment law, this Act will make reforms to: whistleblowing; employment tribunals: failure to pay sums; employment tribunals: postponements; National Minimum Wage; exclusivity in zero-hours contracts; and public sector exit payments.
The Government’s proposals for introducing shared parental leave have been incorporated into the Children and Families Act 2014.
This Act consolidates existing offences of slavery and human trafficking into a single Act. The Act also introduces measures to ensure that perpetrators of slavery and trafficking can be suitably punished and that victims are protected.
This Order makes minor amendments to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (S.I. 2013/1893), which sets out the fees payable in employment tribunals and the Employment Appeal Tribunal.
Section 56 of the Data Protection Act 1998 came into force on 10 March 2015. From that date, employers who require applicants, employees or service providers to make subject access requests and disclose the results to them may risk prosecution. Subject access requests are commonly used to reveal details of any criminal convictions held by the requestor.
The Pension Schemes Act introduces a new category of private pension scheme: “shared risk pensions”. Currently, there are two types of workplace pension: defined benefit schemes (also known as final salary schemes) and defined contribution schemes. Shared risk pensions (also known as defined ambition pensions) are being introduced to make it easier to share risk between employers, individual members and third parties.
To support the growth of high quality apprenticeships for young people, this Act abolishes employer National Insurance Contributions (NICs) for apprentices under the age of 25. The NIC relief will apply to earnings up to the upper secondary threshold (£815 per week for 2015 to 2016).
The Deduction from Wages (Limitation) Regulations 2014 establish a two-year limit on how far back in time workers’ employment tribunal claims for deduction of wages can go. Wages include: “any fee, bonus, commission, holiday pay or other emolument referable to his employment whether payable under his contract or otherwise” (Employment Rights Act 1996, section 27(1)(a)).
Since the beginning of the 2013/14 academic year, all young people are required to continue in education or training until the end of the academic year in which they turn 17. From the summer of 2015 this will be extended until their 18th birthday.
Section 320C of the Income Tax (Earnings and Pensions) Act 2003 (inserted by section 12 of the Finance Act 2014) provides an exemption from income tax where an employer funds recommended medical treatment of up to £500 per employee per tax year where the recommendation is made to an employee as part of an occupational health service and is for the purpose of assisting the employee to return to work after a period of absence due to injury or ill-health. The Income Tax (Recommended Medical Treatment) Regulations 2014 set out additional requirements that a recommendation for medical treatment must meet in order for the tax exemption to apply.
This Act introduces changes in employment law and in relation to employment tribunals. Significant changes are itemised with greater detail both when in force and where forthcoming.
These regulations change the provisions on unpaid parental leave, extending the existing unpaid parental leave regime to parents of children aged between 5 and 18.
The Children and Families Act 2014 introduces a new right for an expectant father or the partner (including same sex) of a pregnant woman to take unpaid time off work to accompany the woman to up to two of her antenatal appointments. The time off is capped at six and a half hours for each appointment.
The Government has published thirteen sets of regulations that will bring the new shared parental leave and pay system into effect. The Shared Parental Leave Regulations 2014 have been published in their final form, the rest of the regulations are currently in draft.
The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2014 adds members of the House of Commons to the list of prescribed people and bodies to report malpractice to other than an employer.
Prior to 1 October employers could claim up to £110 per day for the cost of having to find a replacement for a military reservist who was called up. From 1 October, small and medium employers and persons carrying on business in partnership with reservists are also able to receive up to £500 per month for each full month a reservist is absent from work (reduced pro rata for parts of a month or part-time workers).
National Minimum Wage rates increase from 1 October 2014.
These Regulations require employment tribunals to order a respondent who has been found by the tribunal to have committed an equal pay breach to carry out an equal pay audit.
These Regulations introduce measures, set out in the Children and Families Act 2014, to extend the right to request flexible working to all employees and to replace the statutory procedure for considering requests with a duty to consider requests.
Two Codes of Practice are brought into force by the Immigration (Restrictions on Employment) (Codes of Practice and Amendment) Order 2014.
This Order changes the Immigration (Restrictions on Employment) Order 2007 to amend the provisions of the civil penalty scheme to prevent illegal migrants working in the UK.
The Acas Early Conciliation rules came into force on 6 April 2014. Under transitional provisions early conciliation became compulsory on 5 May 2014.
Statutory Maternity Pay, Statutory Adoption Pay, Statutory Paternity Pay and Additional Statutory Paternity Pay increased from a weekly rate of £136.78 to £138.18 on 6 April 2014
This Order corrects the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 which wrongly included some proceedings which should have attracted a Type B fee in the table for Type A fees.
The Government has abolished the statutory questionnaire procedure (s.138 of the Equality Act 2010) that helps people to assess whether the treatment they have received from their employers amounts to unlawful discrimination.
This Order sets out revised rates for the 2014/15 tax year for the automatic enrolment and re-enrolment earnings trigger and the qualifying earnings band.
Under the Welfare Benefits Up-rating Order 2014 the weekly rate for Statutory Sick Pay increased from £86.70 to £87.55 from 6 April 2014.
The increases to tribunal award limits from 6 April 2014 are set out in the Employment Rights (Increase of Limits) Order 2014.
Penalties of between £100 and £5000 may be imposed on an employer found to have breached any of the worker’s rights to which the claim relates where the employer’s behaviour in committing the breach had one or more “aggravating features”, eg the breach was deliberate or repeated.
This Order prescribes £20,000 as the maximum penalty that the Secretary of State may require an employer to pay for employing an illegal migrant worker.
The Enterprise and Regulatory Reform Act 2013 amended the Employment Tribunals Act 1996 to introduce a requirement for prospective claimants to contact Acas before they are able to present a claim in the Employment Tribunal. Acas will then attempt to resolve the dispute in a process called early conciliation.
These regulations abolish the requirement, set out in the Statutory Sick Pay (General) Regulations 1982 (S.I.1982/894), for employers to maintain records of employees relating to sickness absence and payment of SSP.
This Order abolished the Statutory Sick Pay Percentage Threshold Order 1995 (SI 1995 No.512) and the Statutory Sick Pay Percentage Threshold Order (Northern Ireland) 1995 (SR 1995 No.69) from 6 April 2014.
Women who work in an unpaid capacity in the business of a self-employed spouse or civil partner, and who give birth on or after 27 July 2014, will be eligible to receive a weekly maternity allowance.
For regulations that come into force after 31 March 2014, a new Small and Micro Business Assessment (SMBA) will extend the freeze to businesses with fewer than 50 employees.
Changes to the Rehabilitation of Offenders Act 1974, introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into effect on 10 March 2014.
These Regulations amend the figures, specified in the National Minimum Wage Act 1998, which are used to calculate financial penalties for underpayment of the National Minimum Wage.
This Act introduces a statutory register of consultant lobbyists; establishes a Registrar to enforce the registration requirements for consultant lobbyists; regulates more closely election campaign spending by those not standing for election or registered as political parties; and strengthens the legal requirements placed on trade unions in relation to their obligation to keep their list of members up to date.
Following its consultation on changes to the Transfer of Undertakings and Protection of Employment Regulations 2006 (TUPE 2006), the Government has amended TUPE 2006. The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (TUPE 2014) came into force on 31 January 2014. Changes to the Northern Ireland Regulation will be effective later in 2014.
The remission system ensures that access to justice is maintained for those people on lower incomes who would otherwise have difficulty paying a fee to use court or tribunal services. Such people can access court or tribunal services free of charge or at a reduced rate.
The sole purpose of this Order is to remove references to s.47 of the Health and Safety at Work, etc Act 1974 that are no longer required.
These regulations make revocations and amendments to legislation relating to first aid and docks using powers under the Health and Safety at Work, etc Act 1974.
The Enterprise and Regulatory Reform Act 2013 repeals in the Equality Act 2010 the provision which makes employers liable for repeated harassment of an employee by third parties over whom the employer does not have direct control, such as customers or clients.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) require the responsible person must to notify, and subsequently send a report to, the relevant enforcing authority by an approved means in relation to fatal and certain non-fatal work-related accidents, specified diseases contracted by persons at work and certain specified dangerous occurrences.
The Enterprise and Regulatory Reform Act 2013 amends the Companies Act 2006 to give shareholders new powers to vote on directors’ pay.
The National Minimum Wage rates that apply from 1 October 2013 are as follows.
The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 amend the Companies Act 2006 to create a separate strategic report to replace the existing requirement for a business review.
A number of immigration changes came into force on 1 October 2013.
The Growth and Infrastructure Act 2013 amends the Employment Rights Act 1996 to create a new employee shareholder employment status.
This Order introduces fees for claims made to an employment tribunal and appeals made to the Employment Appeal Tribunal.
The Enterprise and Regulatory Reform Act 2013 renames compromise agreements as settlement agreements and makes offers of settlement inadmissible in unfair dismissal cases.
These Rules amend the Employment Appeal Tribunal Rules 1993 to take account of the introduction of fees for appeals to the Employment Appeal Tribunal. They also make changes to the rules in relation to unmeritorious appeals.
The Government has introduced fees for employment tribunals from 29 July 2013.
Following its consultation on ending the employment relationship, the Government decided to introduce a 12 months’ pay cap on the compensatory award for unfair dismissal.
These Regulations replace the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.
The Agricultural Wages Board was abolished on 25 June 2013.
The Enterprise and Regulatory Reform Act 2013 amended the Employment Rights Act 1996 to remove the requirement for a qualifying period of service to bring an unfair dismissal claim where the reason for the dismissal was the political opinion or affiliations of the employee, from 25 June 2013. Normally, a two-year qualifying period is now needed to bring an unfair dismissal claim.
The Enterprise and Regulatory Reform Act 2013 amends the Employment Rights Act 1996 to ensure that individuals only make whistleblowing claims on matters of public interest from 25 June 2013.
Under the Enterprise and Regulatory Reform Act 2013, proceedings before the Employment Appeal Tribunal are now heard by a judge alone since 25 June 2013.
The Disclosure and Barring Service (DBS) introduced a new Update Service on 17 June 2013 that allows employers to carry out status checks on an individual’s DBS certificate, rather than having to apply for a certificate from scratch.
These Regulations amend the Companies Act 2006 to facilitate employee shareholder status.
Employers can now only ask potential employees to provide details of convictions and cautions that the employer is legally entitled to know. If an employer takes into account a conviction or caution that is not disclosed on the certificate, they are acting unlawfully under the Rehabilitation of Offenders Act 1974.
New benefit rates apply from April 2013.
The Social Security (Contributions) (Amendment and Application of Schedule 38 to the Finance Act 2012) Regulations 2013 is a combined Statutory Instrument, which amended the Social Security (Contributions) Regulations 2001 (SI 2001 No. 1004) (“the SSCR 2001”) and brought into force certain parts of Schedule 38 to the Finance Act 2012.
These Regulations amend the Income Tax (Pay As You Earn) Regulations (SI 2003/2682) (the 2003 Regulations) as necessary for the operation of HMRC’s Real Time Information programme (RTI) for the majority of employers from April 2013. For example, the amendments allow employers, in specific circumstances, to submit a return up to seven days after the payment is made to the employee. New reporting requirements have also been introduced.
The weekly rate for Statutory Sick Pay increased from £85.85 to £86.70 from April 2013.
The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 reduced from 90 to 45 days the minimum consultation period where 100 or more people are to be made redundant within a period of 90 days or less. The requirement to give notice to the Secretary of State was also reduced from 90 to 45 days.
This Order sets out revised rates for the 2013/14 tax year for the automatic enrolment and re-enrolment earnings trigger and the qualifying earnings band.
The Welfare Reform Act 2012 outlines the changes proposed by the Government to ensure people in work are better off than the unemployed.
This Act withdraws legal aid funding for employment cases other than cases brought under the Equality Act 2010.
This withdraws legal aid for most employment claims in England and Wales.
These regulations make two amendments to legislation in Great Britain in order to implement the Parental Leave Directive (2010/18/EU).
The increases to tribunal award limits from 1 February 2013 are set out in the Employment Rights (Increase of Limits) Order 2012.
On 1 December 2012, the CRB merged with the Independent Safeguarding Authority (ISA) to become the Disclosure and Barring Service (DBS).
From 2012, the Government proposes to provide access to a private pension to all employees aged between 22 and State retirement age, who are earning more than £5000 a year and are not currently enrolled in a workplace pension scheme.
The Government has introduced four statutory instruments setting out the practical arrangements employers must make to automatically enrol eligible jobholders into a pension scheme.
This Order amends the Public Interest Disclosure (Prescribed Persons) Order 1999 to ensure that any detriment or dismissal a worker suffers as a result of making a complaint to the Pensions Regulator is unlawful.
There have been changes to some National Minimum Wage rates since 1 October 2012
These regulations revoke the Smoke-free (Signs) Regulations 2007 and replace the detailed requirements for no smoking signs prescribed by those regulations with a requirement that at least one legible no-smoking sign must be displayed in smoke-free vehicles and smoke-free premises.
This Order brings into force the part of the Pensions Act 2008 relating to stakeholder pension schemes. The Pensions Act 2008 amends the Welfare Reform and Pensions Act 1999 which brought in the employer’s duty to designate stakeholder pensions.
The Protection of Freedoms Act 2012 includes a wide range of measures including legislative changes that amend the Safeguarding and Vulnerable Groups Act 2006 and the Police Act 1997 Regulations, on which the CRB (now DBS) checking service is based.
The Government has scaled back the criminal records and barring systems to ensure fair and proportionate regulation of those who want to work with vulnerable groups. The changes are included in the Protection of Freedoms Act 2012, which received Royal Assent in May 2012.
These Regulations set out the dates from which employers have a duty to arrange for jobholders to become active members of automatic enrolment pension schemes.
These amendment regulations amend the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 with regard to:
This instrument sets out revised rates for the 2012/13 tax year for the automatic enrolment and re-enrolment earnings trigger and the qualifying earnings band. These rates were set initially in the Pensions Act 2008 with a requirement to review them every tax year.
These Regulations amend the Employers’ Duties (Implementation) Regulations 2010, the Employers’ Duties (Registration and Compliance) Regulations 2010 and the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010.
In January 2012, the HSE confirmed that, from 6 April 2012, subject to Parliamentary approval, the RIDDOR over three-day injury reporting requirement will change.
From 6 April 2012, contracting out of the additional State Pension on a defined contribution basis will be abolished.
These Regulations prescribe the form of the apprenticeship agreement for England and Wales under the Apprenticeships, Skills, Children and Learning Act 2009.
From 6 October 2013, all employers are expected tell HMRC about PAYE payments and deductions (tax, NICs, Student Loan repayments, etc) at the time they pay their employees, rather than at the end of the year as happens now. This is known as real time information (RTI).
The Government has announced that the weekly rate for Statutory Sick Pay will increase from £81.60 to £85.85 from 6 April 2012.
These Regulations make the following amendments to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
This Order corrects section 147 of the Equality Act 2010.
This Order increases from one year to two years the qualifying period of continuous employment needed to acquire the right not to be unfairly dismissed.
This Order enables employment judges to sit alone when hearing unfair dismissal cases. It amends the Employment Tribunals Act 1996, which sets out the proceedings that may be heard by an employment judge without lay members.
The Government has announced the new benefit rates that will apply from April 2012.
From April 2012, the Government intends to increase from £500 to £1000 the maximum deposit that an employment tribunal can order a party to pay as a condition of continuing with proceedings.
The increases to tribunal award limits from 1 February 2012 are set out in the Employment Rights (Increase of Limits) Order 2011.
The Localism Act 2011 requires local authorities and fire and rescue authorities to approve and publish annually at full council (for fire and rescue authorities, a meeting of members), a senior pay policy statement which authorities will be required to follow when setting senior pay.
These regulations provide for certain amounts that are chargeable to income tax to be treated as earnings for the purposes of National Insurance contributions (NICs).
The Temporary Agency Workers’ Directive was formally adopted on 19 November 2008. The measure ensures that agency workers are treated equally in the workplace with regard to working conditions and employment rights.
The Pensions Act 2011 introduces numerous changes, such as the increase of the State Pension Age to 66 for both men and women, the CPI, rather than RPI, is now used as the basis for statutory increases in occupational pension payments and payments from the Pension Protection Fund, and much more.
The national minimum wage (NMW) rules allow employers who provide accommodation for workers to count it as a benefit in kind towards payment of the NMW, up to a specified daily limit. Between January and April 2011 the Government consulted on whether to change the NMW rules on employer-provided accommodation in relation to students who work part-time for their educational institution.
The Government has announced that the National Minimum Wage rates will increase from 1 October 2011.
These regulations will give agency workers the right to equal treatment with permanent staff on pay, holidays and other basic conditions after 12 weeks in a job.
The Equality Duty consists of a general duty and specific duties. The general duty applies throughout Great Britain both to public bodies and to any other organisation when it is carrying out a public function. The specific duties only apply to public bodies and are designed to help them meet the general duty. Specific duties differ between England, Scotland and Wales. (The provisions of the Equality Act 2010 do not apply to Northern Ireland.)
These Regulations amend the Agency Workers Regulations 2010 to correct drafting errors in regulations 3, 10 and 14 and Schedule 2. The errors in the regulations concern the meaning of agency worker, the provisions concerning permanent contracts providing for pay between assignments, and the liability of the temporary work agency and hirer. The error in the Schedule is a numbering error.
The Government has published guidance to help commercial organisations understand the sorts of procedures they can put in place to prevent bribery.
These Regulations amend the Transnational Information and Consultation of Employees Regulations 1999 and implement the recast European Works Council Directive (2009/38/EC). They also implement the Agency Workers Directive in so far as it is relevant to the transnational information and consultation of employees. European Works Councils that are created after 5 June 2011 will be subject to all the revisions introduced by the 2010 Regulations.
The guidance explains what should be considered when deciding whether a person is a disabled person for the purposes of the Equality Act 2010.
This Order removes the restriction on the right to recover VAT incurred on the business entertainment of overseas customers.
The Income Tax (Pay As You Earn) (Amendment) Regulations 2011 (SI 2011/729) implement the changes to the taxation of post-termination payments that HM Revenue and Customs (HMRC) announced at the end of 2010.
The June 2010 Budget announced that legislation would be introduced to tackle arrangements using trusts and other vehicles to reward employees that seek to avoid, defer or reduce tax liabilities.
These regulations specify the levels of the Lower Earnings Limit (LEL) and Upper Earnings Limits (UEL) and the Primary Threshold (PT) and Secondary Threshold (ST) for Class 1 National Insurance contributions (NICs).
Under these Regulations, when a payment is made to a departed employee after his or her P45 has been produced (ie the payment is not included on the P45), tax at the full 20%, 40% or 50% rates must be deducted from the post-termination payment using the “0T” tax code.
This Order sets out the list of public bodies to which the general Equality Duty will apply.
The Equality Duty (set out in the Equality Act 2010) is a duty on public bodies and others carrying out public functions to embed equality considerations into their day-to-day work, so that they tackle discrimination and inequality and contribute to making society fairer.
The personal allowance for basic rate taxpayers aged 65 and under is to increase by £1000 in April 2011 to £7475.
From April 2011, pensions will rise each year by earnings, inflation or 2.5% — whichever is the higher.
The Government brought into force section 159 of the Equality Act 2010 in April 2011.
The Equality Act 2010 includes a new Public Sector Equality Duty, replacing the separate duties on public bodies relating to race, disability and sex equality. The new Duty covers age, sexual orientation, religion or belief, pregnancy and maternity, and gender reassignment more fully.
Under the Equality Act 2010 and the Employment Rights Act 1996, dismissing a worker because he or she has reached retirement age does not constitute direct age discrimination and unfair dismissal. The Employment Equality (Repeal of Retirement Age Provisions) Regulations repeal and amend those Acts so that an employer will only be able to operate a compulsory retirement age where this can be objectively justified.
Legislation on Additional Paternity Leave and Pay came into force in April 2010, in relation to children whose expected week of birth, or notification of being matched for adoption, begins on or after 3 April 2011.
From April 2011 statutory maternity pay (SMP), statutory adoption pay (SAP) and statutory paternity pay (SPP) will increase from a weekly rate of £124.88 to £128.73. The weekly rate for SSP will increase from £79.15 to £81.60.
The increases to tribunal award limits from 1 February 2011 are set out in the Employment Rights (Increase of Limits) Order 2010.
In response to a consultation held from February to May 2010, the Government has decided to amend National Minimum Wage Regulations to protect National Minimum Wage workers from potentially exploitative travel and subsistence schemes operated by employment businesses and umbrella companies.
In response to a consultation held from February to May 2010, the Government has decided that action should be taken to protect National Minimum Wage workers from potentially exploitative travel and subsistence schemes operated by Employment Businesses and umbrella companies.
This order applies Part 5 of the Equality Act 2010 to offshore work. It replaces previous orders extending anti-discrimination law to offshore work.
The Equality Act 2010 imposes a duty to make reasonable adjustments for disabled persons to facilitate access to education, employment, housing, goods and services like shops, banks, cinemas, hospitals, council offices, leisure centres, associations and private clubs like the Scouts and Guides, private golf clubs and working men clubs.
The Equality Act 2010 requires occupational pension schemes to have a “sex equality rule” for the equal treatment of men and women. Under these regulations, certain rules, practices, actions and decisions relating to occupational pension schemes are excepted from this rule.
This Order allows exceptions from the non-discrimination rule in the Equality Act 2010 as it applies to the protected characteristic of age for certain rules, practices, actions and decisions relating to occupational pension schemes. The exceptions applying to age also relate to payments by the employer to personal pension schemes.
The new rates of the National Minimum Wage came into force on 1 October 2010.
The Equality Act 2010 (Commencement No.2) Order 2010 commences further provisions of the Equality Act 2010.
These Regulations increase the protection for work-seekers and reduce certain regulatory burdens on agencies.
The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 makes amendments to the Equality Act 2010 that arise as a consequence of the Equality Act 2010 (Commencement No.2) Order 2010.
These regulations supplement provisions in the Equality Act 2010 that provide protection from discrimination for disabled people.
The Government is introducing five statutory instruments, under the Pensions Act 2008, to establish the National Employment Savings Trust pension scheme (NEST).
The Equality Act 2010 (Commencement No. 1) Order 2010 has been issued.
Under the Finance Act 2004, the “normal minimum pension age” will increase from 50 to 55 from 6 April 2010. The normal minimum pension age is the age at which people can start receiving money from their occupational or personal pension schemes without paying extra tax.
The right to request time to train will be phased in. It will be made available to employees in large businesses with more than 250 employees from April 2010 and extended to all employees from April 2011. The right to an apprenticeship is expected to come into force in 2013.
These Regulations specify that the lower earnings limit for Class 1 National Insurance contributions will increase from £95 to £97 on 6 April 2010.
Additional Paternity Leave and Pay will enable employed fathers to take up to 26 weeks Additional Paternity Leave, some of which can be paid if the mother of the child has returned to work.
These Regulations introduce a new entitlement for employees who are fathers or partners of mothers or adopters (of either sex) to take additional paternity leave in the first year of their child’s life or the first year after the child’s placement for adoption. The provisions have effect in relation to children whose expected week of birth, or notification of being matched for adoption, begins on or after 3 April 2011. However, employees are protected against detriment or dismissal attributable to the fact they took or sought to take such leave from 6 April 2010.
These Regulations are being introduced to protect claimants who enter damages-based agreements relating to employment matters (such as those with no-win-no-fee lawyers).
These Regulations relate to an employee’s right to request to spend time undertaking study or training. They say that the request must: be in writing, be dated and state the last date (if any) when the employee made a request and how it was submitted.
These Regulations set out how employers can reclaim the additional statutory paternity pay they give their employees. The Regulations also establish employers’ duties with regard to record keeping and informing employees when employees are not entitled to the pay.
These regulations give the monetary penalty (£500,000) that the Information Commissioner can levy under the Data Protection Act 1998, s.55A.
These Regulations relate to the employee’s right to request to spend time undertaking study or training. They set out how an employer must deal with such requests.
These Regulations change the format and content of medical statements so they provide information that might help a patient return to work sooner.
These Regulations introduce a new entitlement for employees who are fathers or who are the partners of mothers or adopters to receive additional statutory paternity pay from their employers. The Regulations apply to children born or matched for adoption on or after 3 April 2011.
These Regulations relate to an employee’s right to request to spend time undertaking study or training.
These regulations set the weekly rate of payment of additional statutory paternity pay at the smaller of £124.88 and 90% of the employee’s normal weekly earnings.
These Regulations affect tribunal cases where an employee has suffered a detriment or been dismissed as a result of making a protected disclosure (whistleblowing).
The Pensions Act 2007 contains powers to restore the link between the Basic State Pension and earnings, raise the State Pension Age to 68 by 2046 and aims to make the system fairer for women and carers by 2010.
New rates for Statutory maternity pay (SMP), statutory adoption pay (SAP) and statutory paternity pay (SPP) come into effect on Sunday 4 April 2010.
These regulations prohibit the compilation, use, sale or supply of blacklists containing details of trade union members and activists whose purpose is to discriminate against workers on grounds of trade union membership or activities.
This Order sets out the increases in awards of compensation that can be ordered by an employment tribunal with effect from 1 February 2010.
Employers are required to check that the people they employ have the right to work in the UK. They can do this by verifying, copying and recording documents as specified in the Schedule to the Immigration (Restrictions on Employment) Order 2007.
The Working Time (Amendment) Regulations 2009 (SI 2009/1567) amended the Working Time Regulations 1998 (SI 1998/1833) so that certain doctors in training can work up to 52 hours a week until 31 July 2011. Most doctors are restricted to a 48-hour week from 1 August 2009 (see Working Time Amendment Regulations 2003).
The Safeguarding Vulnerable Groups Act 2006 has been amended in preparation for the commencement of registration with the Independent Safeguarding Authority (ISA) in July 2010. The amendments have been made in response to recommendations by Sir Roger Singleton in Drawing the Line, his report on the Vetting and Barring Scheme which was published in December 2009. The changes affect who is covered by the Scheme.
These regulations extend the purposes for which an application for an enhanced criminal records certificate can be made. Since 12 October 2009 applications can be made for any activity that is a “regulated activity” under the Vetting and Barring Scheme, established by the Safeguarding Vulnerable Groups Act 2006.
From October 2009, the Supreme Court of the United Kingdom will take over the judicial functions of the House of Lords.
Powers for a local authority to make a workplace parking levy scheme were included in the Transport Act 2000. Some details of the legislative framework are set out in these regulations. The regulations apply to any local traffic authority that wishes to make a workplace parking levy scheme in England outside London.
Organisations that handle people’s personal data must be on a register maintained by the Information Commissioner.
These regulations increase the weekly amount a person can earn while still being entitled to employment and support allowance, incapacity benefit and other benefits.
The National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 increase the minimum hourly rate of the national minimum wage from £5.73 to £5.80 per hour and the development rate from £4.77 to £4.83 per hour from 1 October 2009.
In the 2009 Budget, delivered on 22 April, the Government announced a one-off increase in the level of statutory redundancy pay, making the weekly rate £380 instead of £350 (as it had been from 1 February). This will make the maximum amount of statutory redundancy pay (20 years x 1.5 weeks x £380) £11,400.
These regulations extend police officer pension provision to police constables who are employed by the National Policing Improvement Agency (“NPIA”). The NPIA is new non-departmental public body (NDPB) — formed in April 2007 — which is sponsored and funded by the Home Office. It provides products and services designed to support the police service. It also works with authorities and the Home Office to improve policing.
These Regulations amend the Working Time Regulations 1998 so that certain doctors in training can work up to 52 hours a week until 31 July 2011. Most doctors are restricted to a 48-hour week from 1 August 2009 (see Working Time Amendment Regulations 2003).
These Regulations amend the Health and Safety Information for Employees Regulations (Northern Ireland) 1991, which require information relating to health, safety and welfare to be provided to employees by means of posters or leaflets.
The Accession (Immigration and Worker Registration) Regulations 2004 set up the workers registration system (WRS) regulating access to the UK labour market by nationals from eight of the States (“the A8”) that acceded to the European Union on 1 May 2004.
This Order adds holiday pay to the list of jurisdictions normally heard by an employment judge sitting alone.
The Employment Act 2008 (Commencement No.1 and Transitional and Savings Provisions) Order 2008 brought into force the Employment Act 2008 ss.1-7 and Sch. 1, Pt 1.
The Gangmasters (Licensing Conditions) Rules 2009 have been issued.
The Employment Act 2008 (Commencement No. 2, Transitional Provisions and Savings) Order 2009 brings into force the remaining provisions of the Act including ss 8, 9, 11,12, 19 and Parts 2 and 4 of the Schedule.
Statutory Sick pay has been increased from £75.40 to £79.15 on 6 April 2009.
The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008 amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.
The right to request flexible working has been extended to parents with children aged 16 and under.
These Regulations amend the Health and Safety Information for Employees Regulations 1989, which require information relating to health, safety and welfare to be given to employees by means of posters or leaflets in the form approved by the Health and Safety Executive.
The Employment Code of Practice (Disciplinary and Grievance Procedures) Order 2009 has been issued.
From 6 April, employers have been required to use the new style P45 form. It was initially introduced by HM Revenue and Customs in October 2008 and was therefore already available before this date. Any old style P45 forms are now invalid.
The Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2009 came into force on 6 April 2009 to take account of the changes made by the Employment Act 2008.
The Employment Act 2008, s 19 changes the expulsion and exclusion rules relating to trade union membership by amending ss 174 and 176 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Statutory Maternity, Paternity and Adoption pay has increased from £117.18 to £123.06 on 5 April 2009.
Under new regulations that came into force on 1 April 2009, employers cannot hire tier 2 migrant workers unless the role has been advertised for a minimum of two weeks on JobCentre Plus.
From March 2009 adults wishing to study in the UK must apply for a Tier 4 Student Visa. The tier 4 Student Visa replaces the current UK Study Visa and allows an adult student to study in the UK with a licensed sponsor on the Tier 4 register of sponsors.
Employers should be aware that new yearly checking procedures apply to migrant workers employed on or after 29 February 2008 and that the first follow-up checks must have been carried out at the end of February 2009 where the migrant worker was employed at the end of February 2008.
The Employment Rights (Increase of Limits) Order 2008 sets out the new limits for statutory redundancy payments and employment tribunal awards from 1 February 2009.
Section 14 of the National Minimum Wage Act 1998, is amended by s.10 of the Employment Act 2008.
In accordance with clarification provided by s.13 of the Employment Act 2008, adult volunteers in the armed services cadet forces do not qualify to receive the national minimum wage.
The Health and Safety (Offences) Act 2008 increases the maximum penalties relating to certain health and safety offences by amending section 33 of the Health and Safety at Work, etc Act 1974.
The Race Relations Act 1976 (Amendment) Regulations 2008 came into force on 22 December 2008 and give full effect to the principle of equal treatment between persons, irrespective of race or ethnic origin within the area of employment (and other areas).
The Rehabilitation of Offenders Act 1974 has been amended to cover reprimands, warnings, cautions and conditional cautions. A reprimand, a warning or a police caution will now become spent at the time it is given. This also applies to a caution given outside England and Wales.
These Regulations concern eligibility to hold office as either a President of the employment tribunals in England and Wales and in Scotland or as a chairman of an employment tribunal in England and Wales and in Scotland. They reduce the qualifying period for eligibility for appointment from seven to five years.
Tier 5 of the new points-based immigration system concerns temporary workers and those coming to the UK under youth mobility schemes.
Tier 2 of the new points-based immigration system, relating to the recruitment of skilled workers, came into force on 27 November 2008.
These amendment regulations enable agency workers with contracts of three months or less to have the same access to Statutory Sick Pay (SSP) as other workers.
Under these regulations, since 27 October 2008 employers have no longer been required to provide detailed information about statutory sick pay (SSP) to leavers or when SSP cannot be paid. The Regulations aim to reduce costs for business, charities and the voluntary sector.
These Regulations, made under the Welfare Reform Act 2007, introduce a new benefit, employment and support allowance (“ESA”), for claimants assessed as having “limited capability for work” because of a health condition or disability. ESA will replace Incapacity Benefit, and Income Support on the basis of incapacity.
These regulations came into force in July 2008 and apply to employees whose expected week of childbirth begins on or after 5 October 2008 and employees whose child is expected to be placed with them for adoption after that date.
These Regulations make amendments to provisions about the calculation and verification of transfer values (the amount that may be transferred from one pension scheme to another).
The National Minimum Wage Regulations 1999 (Amendment) Regulations 2008 increase the minimum hourly rate of the national minimum wage from £5.52 to £5.73 per hour and the development rate from £4.60 to £4.77 per hour from 1 October 2008.
These Regulations amend the Employers’ Liability (Compulsory Insurance) Regulations 1998.
The Employment Bill received Royal Assent on 13 November and is now the Employment Act 2008.
The Independent Safeguarding Authority is being established to prevent those who are deemed unsuitable from working or volunteering with children and vulnerable people.
The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 requires the Independent Barring Board (now the Independent Safeguarding Authority) to include those subject to existing restrictions in the new barred lists.
This Order, made under the Safeguarding Vulnerable Groups Act 2006, makes transitional provision in relation to those subject to existing restrictions relating to working with children or vulnerable adults.
These Rules amend the Gangmasters (Licensing Conditions) (No.2) Rules 2006 which established the procedure for licensing gangmasters covered by the provisions of the Gangmasters (Licensing) Act 2004 and the conditions that will apply to the licences.
The Act creates an offence of corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland.
These Regulations amend existing legislation governing an employer’s liability to a defined benefit pension scheme when it severs its link with the scheme.
These regulations, introduced under the Pensions Act 2004, require employers to consult with current and prospective members, or their representatives, on significant changes to their occupational or personal pension scheme for a period of at least 60 days before the changes can be introduced.
Under the provisions of this Order, the rates of Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay, increase to £117.18 per week (or 90% of the person’s average weekly earnings if that is less than £117.18) on 6 April 2008.
These Regulations amend the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005.
These draft regulations amend the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
These regulations make minor amendments to the Employment Equality (Age) Regulations 2006.
These Regulations amend the Occupational and Personal Pension Schemes (General Levy) Regulations 2005.
These Regulations set out provisions relating to benefits, membership and contributions in the new Local Government Pension Scheme which will come into existence on 1 April 2008 and replace the Local Government Pension Scheme 1997.
These Regulations set out transitional provisions relating to members of the Local Government Pension Scheme 1997, which is to be replaced by the new Local Government Pension Scheme from 1 April 2008.
These Regulations amend the Occupational Pension Schemes (Levies) Regulations 2005.
This Order specifies the maximum penalty which may be imposed by the Secretary of State under section 15(2) of the Immigration, Asylum and Nationality Act 2006.
This Order was made under the Immigration, Asylum and Nationality Act 2006.
The Immigration, Asylum and Nationality Act, which was unveiled as a Bill on 22 June 2005 and enacted on 30 March 2006, will tackle illegal working through a new civil penalties scheme for employers by introducing fines of up to £10,000 per illegal employee, custodial sentences of up to two years and unlimited fines for those found knowingly to use or exploit illegal workers.
The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 1) Order 2007 brings into force those provisions of the Tribunals, Courts and Enforcement Act 2007 that create a new title of Employment Judge.
These regulations increase the statutory minimum for paid holiday entitlement.
These regulations amend the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 in respect of the categories of person entitled to make a request under the statutory right for employees to request a contract variation to care for a child or an adult. The right is provided for in the Employment Rights Act 1996 as amended by the Work and Families Act 2006.
The Working Time (Amendment) Regulations 2007 amend the Working Time Regulations 1998.
The Childcare Act, which sets out new provisions for young children’s care and education came into force in April 2007.
This Act follows on from the creation of the Tribunals Service in the Department for Constitutional Affairs (DCA) in April 2006.
The Welfare Reform Bill received Royal Assent on 3 May 2007 and builds on the Welfare Reform Green Paper and consultation “A new deal for welfare: Empowering people to work”.
Smoking in every pub, club and indoor public space in England has been banned from 1 July 2007
These Regulations, which apply only to England, provide exemptions from the smoke-free requirements of the Health Act 2006 and provide for most public and work vehicles to be smoke-free under that Act.
These Regulations are made under the Health Act 2006 and contain requirements which relate to the display of no-smoking signs in smoke-free premises and vehicles in England.
These Regulations, made under the Health Act 2006 relate to smoke-free places (premises and vehicles) in England.
The right to request flexible working was extended to carers of adults from 6 April 2007. These regulations amend the statutory definition of “carer” to include an employee’s son-in-law or daughter-in-law.
The Equality Act 2006 requires the Secretary of State to prescribe forms by which a person who is bringing proceedings for discrimination on grounds of religion or belief may question the respondent. This Order prescribes these forms. Schedule 1 sets out the claimant’s form and Schedule 2 sets out the respondent’s form. Article 3 says how the questions and replies should be served.
This Order brings into force Part 2 of the Equality Act 2006 (Discrimination on Grounds of Religion or Belief) (other than sections 52(6), 70 and 71 which are already in force).
This Order imposes specific gender equality duties on the Scottish public bodies and authorities listed in the Schedule to the Order.
This Order imposes specific gender equality duties on public authorities listed in the Schedule to the Order.
These regulations make various amendments to legislation so that it complies with the age strand of Directive 2000/78 EC establishing a general framework for equal treatment in employment and vocational training. They include the following changes:
Summary
The Equality Act 2006 came into force in April 2007.
These regulations amend the Accession (Immigration and Worker Authorisation) Regulations 2006 to allow Bulgarian and Romanian students to work full time during their vacations or as part of their vocational training and for four months after the completion of their studies without the need for authorisation.
The Companies Act 2006 received Royal Assent on 8 November 2006. Many of the provisions of the Act implement Company Law Review recommendations. The Government set out and consulted on its intentions in the White Papers “Modernising Company Law” (July 2002) and “Company Law Reform” (March 2005). The Companies Bill, then titled the Company Law Reform Bill, was introduced to the House of Lords on 4 November 2005.
The Disability Discrimination Act 2005 (Commencement No. 2) Order 2005 has been issued.
The Disability Discrimination Act 2005, which amends the Disability Discrimination Act 1995, came into force in stages between 5 December 2005 and 4 December 2006.
The Employment Equality (Age) (Amendment No. 2) Regulations 2006 set out how occupational pension schemes must comply with the Employment Equality (Age) Regulations 2006. These amendments bring into force more exemptions for employers and trustees of pension schemes to rely on in Schedule 2 of the regulations. From 1 December 2006, every occupational pension scheme will be treated as if it has a non-discrimination rule.
The regulations provide a new and simplified framework for the payment of discretionary compensation to persons whose local government employment is terminated on or after 1 October 2006 by reason of redundancy or in the interests of the service of where a joint appointment comes to an end because one of the holders leaves.
The Gangmasters (Licensing Conditions) (No. 2) Rules 2006 have been issued.
The Regulatory Reform (Fire Safety) Order 2005 reforms the law relating to fire safety in non-domestic premises in England and Wales. It replaces fire certification under the Fire Precautions Act 1971 with a general duty to ensure, so far as is reasonably practicable, the safety of employees and to carry out risk assessments as well as a general duty, in relation to non-employees to take such fire precautions as may reasonably be required in the circumstances to ensure that premises are safe.
These regulations are made as a result of the judgment of the European Court of Justice in Junk v Kühnel [2005] IRLR 310. The regulations amend s.193 of the Trade Union and Labour Relations (Consolidation) Act 1992 to provide that an employer proposing collective redundancies must notify the Secretary of State of his or her proposal before he or she gives notice to an employee to terminate an employee’s contract of employment in respect of any of those dismissals.
The Employment Equality (Age) Regulations (Northern Ireland) 2006 mirror the introduction of these regulations in Great Britain and are necessary to implement the age strand of the EU Employment Framework Directive (2000/78/EC) in Northern Ireland.
These regulations, effective from 1 October 2006, arise from the Work and Families Act 2006 and amend the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 to extend the right to request flexible working to carers of adults from 6 April 2007.
The Control of Noise at Work Regulations 2005 — implementing Directive 2003/10/EC, the Physical Agents (Noise) Directive — came into force on 6 April 2006. The new regulations revoke and replace the Control of Noise at Work Regulations 1989. New action and limit values are introduced by the new regulations, which include:
The Working Time (Amendment) Regulations 2006 came into force on 6 April 2006.
The Smoking, Health and Social Care (Scotland) Bill received Royal Assent on 5 August 2005 and the Smoking, Health and Social Care (Scotland) Act 2005 came into force on 26 March 2006.
The exposure limit value is fixed by the directive – Directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) – at 87 decibels (taking into account the use of individual hearing protectors). Under no circumstances may the exposure of the worker exceed this value.
This legislation enabled the Department for Employment & Learning in Northern Ireland to appoint officers to enter and inspect employment agencies and employment businesses in Northern Ireland to ascertain compliance with regulations governing their conduct. The Order harmonised the criteria used for the appointment of certain positions within the Industrial and Fair Employment Tribunals and clarified the Fair Employment Tribunal’s power to enforce awards of costs.
This Order amends the Pension Schemes Act 1993 and subordinate legislation, making provision for surviving civil partners to receive pensions under contracted-out occupational and appropriate personal pension schemes — tying in with the Civil Partnership Act 2004.
This Order makes amendments to provisions of Acts relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners — tying in with the forthcoming Civil Partnership Act 2004.
The Civil Partnership Bill received Royal Assent on 18 November 2004 with implementation of the Civil Partnership Act on 5 December 2005.
Summary
This legislation sets out the details of the arrangements for the new occupational pension scheme funding requirements which, following the Pensions Act 2004, will replace the minimum funding requirement. This includes the preparation of statements of funding principles, actuarial valuations and reports, schedules of contributions and recovery plans. The regulations will apply to any valuation completed after 31 October 2005 which is based on a date (known as the effective date of the valuation) on or after 22 September 2005.
These regulations amend the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002. The changes update the classification and labelling requirements for dangerous substances based on the latest scientific information that has been agreed by EU Member States.
This amended version of the 1976 Equal Treatment Directive provided for the first time a definition of sexual harassment, which was taken to mean a situation “where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment”.
These regulations implement the Physical Agents (Vibration) Directive in Northern Ireland. They impose duties on employers to protect employees who may be exposed to risk from exposure to vibration at work, and other persons who might be affected by the work.
Measures contained in the Act came into force in 2004 and its implementation was completed on 1 October 2005.
The Companies (Audit, Investigations and Community Enterprise) Act 2004 is being brought into force in stages between January and October 2005. Sections 19 and 20 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 came into force on 6 April 2005. These provisions allow companies to provide directors and other company officers with greater protection from potential liabilities.
This Order amends the Public Interest Disclosure (Prescribed Persons) Order 1999 by making changes to the list of prescribed persons to whom a protected disclosure can be made.
The Compromise Agreements (Description of Person) Order 2005 is effective from 1 October 2005 and extends the category of person able to give advice in relation to compromise agreements, under the Disability Discrimination Act 1995, to a Fellow of the Institute of Legal Executives employed by a solicitors' practice.
The Employment Equality (Sex Discrimination) Regulations 2005 implement the amended Equal Treatment Directive (2002/73/EC) and are effective from 1 October 2005.
The Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations 2005 amend the statutory provisions that require equal treatment of men and women in respect of occupational pension schemes to reflect requirements of European Community law, as applied in a number of cases before the European Court of Justice and the domestic courts. They also introduce new provisions applying only to armed forces occupational pension schemes.
The regulations implement Council Directive 2002/44/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration).
The Council Directive on the control of major-accident hazards involving dangerous substances replaced Directive 82/501/EEC (Seveso I, named after the Italian town which suffered exposure to an accidental release of dioxin in 1976). It introduced new requirements relating to safety management systems, emergency plans and land-use planning and tightened up the provisions on inspections and public information.
The Control of Major Accident Hazards (Amendment) Regulations 2005 came into force on 1 July 2005.
The Disability Discrimination Act 2005 (Commencement No. 1) Order 2005, which came into force on 30 June 2005, is the first Commencement Order to be made under the Disability Discrimination Act 2005 (the Act), an Act which extensively amends the Disability Discrimination Act 1995 (the 1995 Act), and makes other provisions.
New financial assistance regulations for reservists and their employers came into force on 14 April 2005. They streamline the claims process and improve the level of financial assistance payable to both reservists and their employers.
The Work at Height Regulations 2005 consolidate previous legislation and implement Directive 2001/45/EC concerning minimum safety and health requirements for the use of equipment for work at height (known as the Temporary Work at Height Directive or TWAHD).
The new working time regulations for the road transport sector are scheduled came into force on 4 April 2005.
This Directive gives workers the right to information and consultation about the business in which they work and its prospects, with particular emphasis on the outlook for their employment.
These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985, which prescribe diseases for which industrial injuries benefit is payable.
The Regulations revoke the European Communities (Recognition of Professional Qualifications) Regulations 1991 to include a wider definition of 'regulated profession' in the UK.
The Tax Credits Act 2002 allows information relating to tax credits, child benefit or guardian's allowance to be provided by the Board of the Inland Revenue to the Secretary of State or the Department for Employment and Learning in Northern Ireland for certain specified functions relating to employment and training.
The Freedom of Information Act 2000 was passed by parliament on 30 November 2000 and has been implemented in stages. Full implementation occurred on 1 January 2005. The Act gives individuals the statutory right to access information held by public authorities, including:
This Order brings certain provisions of the Gangmasters (Licensing) Act 2004 into force.
The Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2004 amend the Income Support (General) Regulations 1987 and the Jobseeker’s Allowance Regulations 1996 to provide that a person who is entitled to income support or a jobseeker’s allowance retains his or her entitlement to benefit during a period of temporary absence from Great Britain in order to receive NHS hospital treatment.
The Employment Appeal Tribunal (Amendment) Rules 2004 revise employment appeal tribunal procedures to make them consistent with the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. The Rules came into force 1 October 2004 and will effect relatively minor improvements in procedure, including the disposal of appeals without merit at the outset.
The regulations amend the Disability Discrimination Act 1995 and came into force on 1 October 2004. The amendments include:
The Firemen’s Pension Scheme (Amendment) Order 2004 makes provision for part time firefighters to be treated the same as full time firefighters for the purposes of the Firemen’s Pension Scheme.
The Compromise Agreements (Description of Person) Order 2004 extends the categories of “relevant independent adviser” to include Fellows of the Insitute of Legal Executives (ILEX) who are working in solicitors firms, provided the Legal Executive is properly supervised by a solicitor holding a Practicing Certificate issued by the Law Society.
These regulations came into force on 6 April 2004 and replace the previous regulations governing employment agencies. They introduce new safeguards requiring employment agencies to vet temps who work with vulnerable groups, such as children, the elderly and the infirm.
These regulations amend the Working Time Regulations 1998 to extend their provisions to certain jobs and professions that were previously excluded.
A companion to Directive 2000/78, which covered wider issues of discrimination, the Council Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (or the Race Directive), dealt solely with race and ethnic origin. It prohibited discrimination in the areas of vocational training and employment, social protection and access to and provision of services.
The Race Relations Act 1976 (Amendment) Regulations 2003 implemented the EC Article 13 Race Directive.
These regulations introduced two significant changes: post-employment discrimination is now covered (which includes, for example, the issue of references) and chief constables of police can be held liable for offences committed by their officers in carrying out their functions.
The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into force on 1 October 2002 and prevent fixed term employees being treated less favourably than similar permanent employees, and also limit the use of successive fixed term contracts.
The Burden of Proof Directive, which was adopted on 15 December 1997, was extended to the UK in 1998 (Directive 98/52). It was finally implemented by the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001.
In light of a number of rulings given by the European Court of Justice (ECJ) concerning the original Acquired Rights Directive (and its amendment, 98/50/EC), the legal concepts were clarified by 2001/23/EC which gave the authoritative definition of a transfer of undertaking as being when “there is a transfer of an economic entity which retains its identity, meaning an organised grouping of resources which has the objective of pursuing an economic activity, whether or not that activity is central or ancillary”.
The Race Relations (Amendment) Act 2000 came into force in April 2001. Its main functions are to:
This Act aims to make provision for the functions and procedures of local authorities and local authority elections as well as grants and housing benefit in respect of certain welfare services.
The Data Protection Act 1998 came into force on 1 March 2000.
Member States are required to ensure that posted workers are guaranteed certain protective legislation.
Extended to include the UK in 1997, the Council Directive on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (or the Works Council Directive), applied to all organisations with at least 1000 employees within the Member States and at least 150 employees in each of at least two Member States. It also applied to a group of undertakings with the following characteristics:
The effect of the Order is to modify certain provisions of the Employment Rights Act 1996 concerning redundancy payments as they apply to individuals employed by local authorities or certain other bodies, most of which are local or regional.
The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 (which replace the 1995 regulations of the same name) came into force on 28 July 1999.
These regulations supplement the requirements of the Employers’ Liability (Compulsory Insurance) Act 1969 as regards the compulsory insurance of risks relating to employees.
These regulations give employees rights over their maximum working time, the length of night work, rest breaks and annual leave entitlements.
The Employment Rights (Dispute Resolution) Act 1998 (Chapter 8) came into force in stages throughout 1998 and 1999 in the main. The Unfair Dismissal Arbitration scheme provision came into force in May 2001.
The Council Directive on the protection of young people at work applied to all young people with an employment contract or in an employment relationship defined by national law in force.
This Act prohibits discrimination against disabled people. A person is disabled if he or she has a physical or mental impairment that substantially effects his or her ability to carry out normal, everyday activities over the longer term. The Act applies to discrimination in employment, education and the provision of goods, facilities and services.
This directive — Council Directive on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (10th individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) — laid down that exposure of such workers to certain risks must be avoided by provisionally adjusting their working conditions or hours.
The Council Directive on the approximation of the laws of the Member States relating to collective redundancies (or the Collective Redundancies Directive) required that any employer contemplating collective redundancies must hold consultations with workers' representatives with a view to reaching an agreement. These consultations had to at least cover ways and means of avoiding redundancies or reducing the number of workers affected and mitigating the consequences, in particular by recourse to accompanying social measures aimed at redeploying or retraining those workers made redundant.
The directive — Council Directive on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) — specified that signs must be provided where hazards could not be avoided or adequately reduced by preventive measures. It did not however apply to signs regarding dangerous substances and products and/or equipment.
The directive — Council Directive on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) — excluded certain VDUs from its scope including computer systems on board means of transport and cash registers. It placed an obligation on employers to analyse workstations with regard to their health and safety impact, with particular regard to risks to eyesight, physical problems and mental stress.
Within the context of this directive — the Council Directive on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC — manual handling of loads referred to the transporting or supporting of a load, by one or more workers, including lifting, putting down, pushing, pulling or carrying an object which involved a risk of back injury.
This Directive (the Council Directive concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC)) defined the term "workplace" to mean the place which houses workstations and any other place within the area of the undertaking to which the worker has access in the course of his or her employment.
These regulations require all employers to display a poster or distribute a leaflet informing employees in general terms about the requirements of health and safety law.
These regulations contain provisions about the making of claims for, and the payment of, benefits under the Social Security Acts 1975–86 and the Child Benefit Act 1975.
Under the Council Directive on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (or the Insolvency Directive), employees' claims arising from contracts of employment or work relations and existing against employers who are in a state of insolvency were covered.
Under the Council Directive on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (or the Equal Treatment Directive), the principle of equal treatment laid down in this directive meant that there should be no discrimination whatsoever on the grounds of sex, either directly or indirectly, by reference in particular to marital or family status.
This Act requires employers to insure against their liability for personal injury to their employees.
The employment of school age children in offices, shops, hotels, restaurants, tea rooms, etc, or in light agricultural work (eg, at weekends and during the school holidays), is regulated by the Children & Young Persons Acts 1933 & 1963.
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